EU Anti-Deforestation Regulation Effectively 'Gutted' Despite Initial Fanfare
Widely celebrated as a landmark regulation that would help stop the global scourge of forest loss.
However, the revised version of the European Union's anti-deforestation law, once touted as the crown jewel of the Green Deal, has emerged in a significantly diluted state, prompting criticism from its initial author and green lawmakers.
"The regulation was gutted," said the law's original author, pointing to the exclusion of key obligations for later-stage companies to check the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that a reduced number of responsible companies, less information collected, and less precise origin data would complicate the task of authorities.
A Watered-Down Law
Green party vice-president a leading green politician went further, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "systematic weakening" of the law.
This outcome stands in stark contrast to the hopes of more than a million European citizens who supported an initiative in 2020 calling for a ban on goods linked to forest destruction.
When launched in 2021, the EU's climate chief the European commissioner called it "the most ambitious legislation ever put forward to combat deforestation."
From Ambition to Compromise
The regulation's dilution is seen by critics as the European Union retreating from its environmental promises. It faced two major postponements, reportedly over technical problems, which sparked criticism.
"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," commented Toussaint.
In its first draft, the law required companies to track goods back to their specific geographic origin using geolocation data, holding them accountable for deforestation in their supply chains with criminal charges and hefty fines.
"It wasn't bureaucracy for its own sake," Schally said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
However, the rigorous checks triggered a backlash in Brussels from large companies, producer countries, rightwing parties and member states with forestry industries.
Analysts point to last year's EU elections as a turning point, shifting the balance of power less favorable toward green regulations.
"Additional intense pressure has come from major export markets like the United States," said expert Andreas Rasche, suggesting the EU yielded to some demands in trade talks.
Key Loopholes Introduced
In the final legislation includes several critical weakenings:
- Downstream operators were largely freed from conducting rigorous checks.
- A new “low risk” category was introduced.
- A window for further "simplifications" was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening rules for companies, it rolled them back," said Schally. "Moving obligations upstream, it lessened the number of responsible firms."
Business Frustration
The protracted process and revisions have also created annoyance for companies that prepared in advance.
"We feel very annoyed because we put a lot of effort into preparing," stated Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a big frustration."
Official Defense
A commission spokesperson defended the outcome, saying: "The commission has responded to feedback and acted to ensure a pragmatic and balanced implementation."
"The revised regulation provides for predictability, which is crucial for companies and national regulators to effectively enforce this very important regulation."